Wednesday, November 5, 2014

On May 20, 2014, former
NFL player Richard Dent, along with several other former players, filed a class
action complaint in Northern California District Court against the National Football
League.[1]The
complaint alleged that the NFL “intentionally, recklessly, and negligently
created and maintained a culture of drug misuse, putting profit in place of
players' health.”The former players argued that the NFL
had substituted pain medication for proper health care. Specifically, the
plaintiffs claim that the NFL administered painkillers without prescriptions or
regard to the players’ medical history, risk of potential allergic reactions,
or long-term consequences. Also, the players assert that they were supplied
various painkillers without giving informed consent, and that they were
encouraged to take the painkillers to play through injury. The damages sought
include pecuniary and compensatory damages, as well as costs and attorney fees.
The class is said to include all former NFL players who played between 1969 and
2008.

There
are two key issues in the case. First, the court must determine
whether the NFL intentionally, recklessly or negligently created and maintained
a culture of drug misuse that prioritized profit over players’ health. Initially,
the players will have to show that there was, in fact, a culture of drug misuse
in the NFL between 1969 and 2008. Next, a court must decide whether such a
culture was caused by the action (or inaction) of the NFL, or if it was caused
by a general American culture of drug misuse. Also, if the players voluntarily
accepted the drugs and treatment, this raises issues as to how much fault can be
attributed to the NFL.

The second major issue
is whether the case can actually be brought before the court. Under the NFL’s
collective bargaining agreement (“CBA”), disputes between the NFL and players
(including former players) must be resolved in binding arbitration. If the
court concludes that the CBA applies, then the case will be dismissed. But, if
the players can argue that this type of case falls outside the CBA, they might
be able to avoid dismissal.

The
NFL is currently trying to get the case dismissed
with two main arguments. First, the NFL says that the players union is
responsible for looking out for the players. Accordingly, the union should
address the issue. Second, the NFL claims that the individual clubs, and not
the league, are responsible for the medical care of players.

Only in recent years has
society grown conscious of the long-term health concerns surrounding NFL
players. In the last few years, the NFL has been dealing with a lawsuit against
it concerning a lack of concussion safety protocols that lead to many players
suffering long-term mental health problems. That
concussion lawsuit has only recently settled and now the NFL is facing yet
another major and potentially damaging lawsuit. This painkillers lawsuit seems
to have taken a back seat to the recent media coverage
of players’ off the field incidents. However, if this lawsuit moves forward,
it could lead to even more bad publicity for the NFL and several more years of
costly litigation. If indeed the allegations in this case are true, then the
NFL has a lot to answer for and it could lead to major changes in how game of
football is played.